My child underwent ''Ventricular Fenestration'' during which the blood supply to the Thalamus was severed. Result, severe Thalamic Stroke

First, as a parent of three, my heart goes out to you.  I can't imagine how you deal with something like that. To tell you whether you have a viable medical malpractice case, I would need to meet/speak with you and obtain more information from you about why the procedure was performed and about your child's underlying health status before the surgical mishap. What did they tell you the risks were before the surgery was performed? Also, I would have to secure and examine your child's medical records. At that point, if I it appears based on review of the records and the pertinent literature that what occurred was a result of negligent care, I would submit your case to an expert to see if he would support the case. Not every surgical mishap amounts to negligence. It really is a fact sensitive inquiry. Obviously, you have allot on your plate right now. It is not essential for you to act immediately, although if you have a claim against a hospital (in addition to your claim against the surgeon) and it is a public entity, you have to file a Tort Claims Notice to preserve that cause of action within ninety days of the negligence. If you email me the name of the hospital I can tell you whether that is an issue for you. If you would like more information, or have a specific question, feel free to call or email me.   Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com